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[]
[]
[null,"Prepared By:","Contributors:"]
[null,"Michael Best & Friedrich LLP"]
[]
[]
[]
["Trademarks"]
[]
["Report Generated: 11/19/2025"]
[]
["View your report results on next tab"]

{"sheet":"Trademarks","index":1,"n_rows":26,"n_cols":2,"rows_kept":26,"cut":false,"hidden":false,"merged":[]}
["Question","USA (Federal Law)"]
["General"]
["What is the system for trademark protection in your country?"," The system for trademark protection in the United States includes: \n\n \n\t Registration \n\t Common law \n \n"]
["To which international treaties does your country belong?"," The United States belongs to the following international treaties: \n\n \n\t Paris Convention \n\t Madrid Protocol \n\t Nice Agreement Concerning the International Classification of Goods and Services for the Purposes of the Registration of Marks \n\t Trademark Law Treaty  (\" TLT \") \n\t Singapore Treaty on the Law of Trademarks \n \n"]
["Registration System"]
["What are the benefits of registering a trademark in your country?"," The benefits of registering a trademark in the United States include: \n\n \n\t Other: Having a registration provides significant benefits for tm owners in the United States, including making it easier for tm owners to prove rights in conflict matters and use of the ® symbol \n \n"]
["Is it possible to obtain registration for the following types of marks under the registration system in your country?","Service marksYes\nDefensive marksNo\nCollective marksYes, must be registered by the collective - not members.\nCertification marksYes, the same requirements as non-certification marks.\nWell-known marksNo\nSeries marksYes, TMs must resemble each other in material particulars.\nMarks in a different language or characters other than Roman charactersYes, the translation must be provided.\nNon-traditional marks: Sound marksYes, must prove secondary meaning via evidence.\nNon-traditional marks: Smell marksYes, must prove secondary meaning via evidence.\nNon-traditional marks: Position marksYes, it is represented in the application by showing the mark from different perspectives.\nNon-traditional marks: Color marks (i.e. registration of a single color or a combination of colors, e.g. Cadbury's purple color)Yes, need to prove secondary meaning via evidence.\nNon-traditional marks: Shape or three-dimensional marksYes, need to prove secondary meaning via evidence.\n"]
["Trademark Filing"]
["What are the documents and information required for filing a trademark application in your country?"," Documents and information required to file a trademark application in the United States include: \n\n \n\t Name and address of the applicant \n\t Representation of the trademark \n\t Goods and services and the class(es) for which the trademark is to be registered \n\t Statutory Declaration \n\t Power of Attorney \n \n"]
["Are multi-class applications permitted in your country?","Yes, multi-class applications are permitted in the United States. There is no maximum number of classes prescribed for each application. \n"]
["Trademark Examination"]
["Is there substantive examination of trademarks?"," Yes, there is substantive examination of trademarks in the United States on the following grounds: \n\n \n\t Substantive grounds \n\t Relative grounds \n \n"]
["What are the absolute grounds for refusal?"," Absolute grounds for refusal of a trademark in the United States include: \n\n \n\t Mark has direct reference to the character or quality of the goods or services \n\t Mark is not distinctive \n\t Mark consists of a geographical name \n\t Mark consists of a surname \n \n"]
["What are the relative grounds for refusal?"," Relative grounds for refusal of a trademark in the United States include: \n\n \n\t There is a prior application for registration or registration for an identical or confusingly similar mark in relation to the same goods or services as the subject mark \n\t There is a prior application for registration or registration for an identical or confusingly similar mark in relation to similar goods or services (although in a different class) as the subject mark \n\t Well-known mark: There is a well-known mark that is identical or so nearly resembling the subject mark for the same goods or services as the subject mark \n\t Well-known mark: There is an earlier registered mark that is well-known for different goods or services and the use of the subject mark would indicate a connection between goods or services covered by the subject mark with the proprietor of the well-known mark. \n \n"]
["Timeline"]
["What is the time period from application to registration for a straightforward trademark application in your country?","The time period from application to registration in the United States is between 6-12 months. \n"]
["Renewal (Maintenance of trademark registration)"]
["Is late renewal of a trademark registration permissible in your country?","Yes, late renewal of trademark registration is permissible in the United States. There is a six-month grace period after the trademark has expired. \n"]
["Use Requirement"]
["Does evidence of use need to be submitted to the trademark office at any time in order to maintain an application for registration or a registration of a trademark in your country?","Yes, evidence of use needs to be submitted to the trademark office in order to maintain an application for registration or a registration of a trademark in the United States. Specimens showing actual use in commerce required for registration and maintenance- tough standards for specimens to actually prove up required use.\n"]
["Licensing"]
["Are trademark licensees required to record themselves with the Registrar?","No, trademark licensees are not required to record themselves with the Registrar in the United States. \n"]
["Enforcement"]
["What are the available enforcement methods in your country?"," Available enforcement methods in the United States include: \n\n \n\t Civil enforcement\n\t \n\t\t Infringement action \n\t \n\t \n\t Administrative enforcement \n\t Border or other administrative enforcement measures \n \n"]
["Peculiarities"]
["Are there any peculiarities not mentioned above in the system of protection for trademarks in your country of which it is important for clients to be aware?","Yes, the United States requires actual use in commerce for registration, the United States Patent and Trademark Office (\"\nUSPTO\") is quite particular about the specimens showing actual TM use (e.g., for goods, the mark must appear on product, packaging, or point of sales materials in a manner that would be typically understood as providing source information. \n"]